Federal Trucking Regulations: Understanding Their Role in Accident Claims

Drivers share the highways with large trucks transporting goods across the country. Although we drive on the same roads, passenger and commercial motor vehicles are not on the same level. An accident with a large truck can increase the risk of severe injury. 

After a large truck accident, the injury victim can file a personal injury claim against the trucking company. The trucking company is liable for some accidents because they violated federal regulations. For more information about the truck accident legal process, contact a truck accident lawyer.

What Are Federal Trucking Safety Regulations? 

Federal laws regulate the commercial trucking industry. Many of these safety regulations help prevent commercial motor vehicle injuries and accidents. The Federal Motor Carrier Safety Administration (FMCSA) regulates and enforces federal trucking regulations. 

Trucking companies are responsible for ensuring safe trucking operations. This includes truck drivers training and limiting how and when they drive. Companies also have to have regular inspections for safe vehicle operations. There are additional restrictions for transporting heavy loads and hazardous materials.

How Do Trucking Regulations Impact Truck Accidents? 

Like other car accidents, operator error causes most commercial trucking accidents. Other contributing factors can include hazardous weather conditions and defective vehicles. Many of the FMCSA regulations address these safety hazards. According to the National Highway Traffic Safety Administration (NHTSA), causes of truck accidents include:

• Driver fatigue
• Drugs and alcohol
• Going too fast for the road conditions
• Distracted driving
• Overloaded vehicles
• Improper vehicle maintenance

Truck Driver Fatigue

Driver fatigue is a contributing factor to many types of vehicle accidents. However, when a trucker is driving drowsy, the damage can be more severe because of the large trailers in tow. Federal trucking regulations restrict truck drivers’ driving hours. 

Commercial truck drivers are generally limited to a maximum of 11 hours after ten consecutive hours off duty. Truck drivers also have to take a 30-minute break after driving for eight cumulative hours.

Many commercial truck drivers have to use an electronic logging device (ELD) to document their hours of service (HOS). 

Truck Drivers Under the Influence of Alcohol or Drugs

Driving under the influence of alcohol or drugs is against the law for all drivers. However, federal rules have additional restrictions for commercial drivers. In most states, the limit for drunk driving is 0.08% blood alcohol content. For commercial truck drivers, the limit is half of that, at 0.04% BAC.

Some types of trucking accidents require the driver to submit to drug or alcohol testing. Commercial truck drivers also have to do random drug testing.

A conviction for commercial vehicle DUI will suspend a commercial driver’s license (CDL) for one year. A second violation results in a lifetime ban on commercial driving. 

Truck Maintenance and Inspections 

Under FMCSA rules, every motor carrier must inspect, maintain, and repair commercial vehicles. Trucking companies have to maintain vehicle inspection and maintenance records. There are also restrictions on trucking weight limits and load distribution. An overweight vehicle may be more difficult to control and increase the risk of an accident. 

Who Is Responsible for a Trucking Accident? 

Commercial trucking companies are liable for accidents caused by unsafe vehicles and tractor-trailers. Trucking companies can also be liable for negligent hiring practices. For example, if a company hired a trucker without proper driver qualifications who caused an accident.

As the employer, companies are also liable for negligent truck drivers. Employers are responsible for injuries caused by employees acting during their employment. If you were injured by a negligent truck driver, you could file a personal injury claim against the trucker and the trucking company.

What Damages Can You Get in a Truck Accident? 

You can file a truck accident claim for compensation if you suffer injuries in a truck accident. Damages in a truck accident case include medical bills, lost wages, property damage, and pain and suffering.

If a loved one dies in a trucking accident, you may be able to get compensation in a wrongful death lawsuit. A wrongful death claim allows a representative to recover money to compensate the injury victim’s beneficiaries. This could include funeral costs, loss of support, and loss of benefits. 

How Can a Trucking Accident Lawyer Help? 

An experienced attorney can explain your legal options after a truck accident, including how to hold the trucking company responsible. A trucking accident attorney can also negotiate with the insurance company to recover the largest settlement. Contact a local truck accident attorney for legal advice after your injury accident.